The Texas Reports; Cases Adjudged in the Supreme Court ... Volume 43

The Texas Reports; Cases Adjudged in the Supreme Court ... Volume 43

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1883 edition. Excerpt: stated by Bishop to be that "the ownership must be laid in some person who could maintain the civil action of trespass for the recovery of the property." _ Farley, under the circumstances, had a right to hold the property as against every person but the true owner, Large, and if Large never demanded the horse his pos-session under a claim of ownership would have protected the property in his hands from the trespass of other per-sons having no right to it. l It has therefore been held that, "if stolen goods are stolen from a thief, the goods may be alleged to belong either to the true owner or to the first thief." (Ward v. The People, 3 Hill N. Y. Rep., 395; 6 Hill N. Y. Rep., 144; Rex v. Wilkins, 1 Leach, 4th ed., 520, 623; 2 Bish-op's Cr. Prac., 721, 722, and notes.) We are of opinion that the court below did not err in such charge, and that the defendant was properly convicted. ' Judgment afiirmed. AFFIRMED. 1. VOLUNTARY RETURN OF STOLEN PROPER'I.'Y.--The statute reducing theft to a misdemeanor, (Paschal's Dig., art. 2397.) upon the voluntary return of the property stolen before prosecution, does not apply where the character of the property has been changed, as from live hogs to pork. 2. SAME.--The return after detection by the accused of the pork made from hogs stolen to the owner before prosecution does not comply with such statute. APPEAL from Caldwell. Tried below before the Hon. John P. lvhite. Nix 5 Storey, for appellant. George Clark, Atlorney General, for the State. Gouma, Assocmrm J usTIcE.---Appe1lant, Joshua Horseman, is convicted of the theft of seven hogs, the property of Carter Riggins, proved to be of the value of $49. There was some evidence that the hogs were taken more

Product details

  • Paperback | 228 pages
  • 189 x 246 x 12mm | 413g
  • United States
  • English
  • black & white illustrations
  • 1236882598
  • 9781236882592